John McCallum Grilled By Senate Over Law Allowing Citizenship To Be Stripped Without Hearing

OTTAWA — Immigration Minister John McCallum wants the Senate to come to the aid of Canadians who are being stripped of their citizenship without a hearing.

And, in the meantime, he says he'll consider imposing a moratorium on the practice.

Immigration Minister John McCallum speaks in the House of Commons on Parliament Hill on Sept. 30, 2016. (Photo: Sean Kilpatrick/CP)

Independent Sen. Ratna Omidvar, who is sponsoring another citizenship-related bill in the upper house, is planning an amendment that would allow those deemed to have misrepresented themselves to appeal a decision to revoke their citizenship.

McCallum, who was grilled by senators Tuesday, says he'd welcome such an amendment.

Revocation without a hearing was part of a citizenship bill passed by the previous Conservative government. The provision was denounced by the Liberals when they were in opposition but lawyers say they've been aggressively enforcing it since forming government.

Law could potentially ensnare Monsef

The British Columbia Civil Liberties Association and the Canadian Association of Refugee Lawyers last week launched a constitutional challenge to the law, which they argue violates the Charter of Rights and Freedoms.

It's a law that could potentially ensnare Democratic Institutions Minister Maryam Monsef, who has revealed she was born in Iran, not Afghanistan, as she'd always believed

McCallum faced some tough questioning on the matter Tuesday when he appeared in the Senate for the chamber's question period.

"You, minister, have acknowledged that this process needs to be fixed, and yet your department officials continue to issue revocation notices to Canadians on these grounds," said independent Liberal Sen. Art Eggleton.

"You, minister, have acknowledged that this process needs to be fixed, and yet your department officials continue to issue revocation notices to Canadians on these grounds."— Sen. Art Eggleton

He asked if McCallum would order his department to immediately cease applying the law until those facing revocation of their citizenship are entitled to a hearing and an appeal process.

"The short answer to that question is no," McCallum initially responded.

He agreed that everyone should have a "proper right to appeal" and professed hope that the Senate would amend Bill C-6 to provide for that.

"I would certainly welcome such an amendment," he said.

'There's a disconnect there'

But that prompted an angry response from Eggleton.

"You say you'd welcome this, you understand due process, that people should have the right to appeal, the right to a hearing ... and yet you won't stop your department from going under this old system, this system that came from the previous government which denies them all of those opportunities," Eggleton said.

"I don't understand. There's a disconnect there. Why don't you put a moratorium on that process which you agree is wrong?"

McCallum then shifted gears, saying: "I will consider that moratorium, I won't rule it out unconditionally."

Liberals opted not to deal with provision

The Liberal government chose not to deal with the provision in Bill C-6, which repeals other aspects of the Conservatives' citizenship regime, including a provision empowering the government to revoke the citizenship of dual nationals who are convicted of high treason or terrorism.

The NDP attempted to amend the bill in the House of Commons to repeal the power to revoke citizenship without a hearing but that was ruled outside the scope of the bill.

Omidvar, who is sponsoring C-6 in the upper chamber, has said Senate procedural rules are different and she's hopeful the upper house will be able to do what the Commons could not.

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Harper's Legacy: Top Achievements, Failures, According To Poll

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The Angus Reid Institute polled 1,412 Canadians between Oct. 26 and 28, 2015 on the legacy of outgoing prime minister Stephen Harper. The poll had a margin of error of 2.6 per cent, 19 times out of 20.
Respondents were given a list of actions taken by Harper's government between 2006 and 2015, and asked to choose its biggest accomplishments and failures. A detailed list of actions can be found online.
Here are the results...

Harper's Notable Achievements
NOTE: The second-most popular choice was "none of these."

One in three — 36 per cent — chose this as the Harper government's top achievement.
(Harper stands in front of TVs displaying a 5% GST during a campaign stop in 2005).

Almost one-quarter — or 24 per cent — highlighted this action as a key achievement.
(Harper poses with then-finance minister Joe Oliver as he arrives to table the 2015 federal budget).

13 per cent chose this action as a notable achievement.
(Harper gives then-Assembly of First Nations chief Phil Fontaine a standing ovation as he responds to the official apology for residential school abuses in 2008).

12 per cent chose this action as a key achievement.
(Harper greets European Commission President Jose Manuel Barroso in 2013).

Nine (9) per cent chose this action as a key achievement.
(Harper drives an ATV across the tundra on Baffin Island, near York Sound, Nunavut).

UP NEXT: Harper's Notable Failures

27 per cent chose this action as the Harper government's most notable failure.
(A Canada goose stands on railway tracks as a plant operates in the background in Hamilton, Ont.)

26 per cent of respondents said this action was a failure.
(A protester in a Grim Reaper costume protests cuts to science policies during a 2012 rally on Parliament Hill).

20 per cent chose this action as a key failure.
(A protester demonstrates against C-51 at a March, 2015 rally in Montreal.)

16 per cent said the combat mission against ISIS was a failure, while 14 per cent said the same of the mission in Afghanistan.
(Harper and then-defence minister Peter MacKay look out from a bunker at an operating base in the district of Sperwan Ghar, Afghanistan in 2011.)

13 per cent chose this as a key failure.
(Harper holds up a pile of money during a 2015 campaign event).

UP NEXT: Defeated Tory Cabinet Ministers

Though Stephen Harper was re-elected in his Calgary riding in the 2015 federal election, many members of his cabinet went down in defeat.
Here are some key figures from Harper's inner circle who will not be returning to Ottawa...

Cabinet position: Minister of state for multiculturalism
Riding: Edmonton—Sherwood Park
First elected: 2008
Uppal also previously served as minister of state for democratic reform.

Cabinet position: Minister of state for science and technology
Riding: London West
First elected: 2008

Cabinet position: Chief government whip
Riding: Vancouver Island North
First elected: 2008 (though he also served as an MP from 1993 to 2006).
Duncan previously served as minister of aboriginal affairs.

UP NEXT: Defeated NDP incumbents

In the 2015 federal election, Thomas Mulcair's New Democrats fell from 95 seats to 44. And several high-profile incumbents from across the country were defeated, usually to Liberal candidates.
Here are a few key names that will not be returning to Ottawa...

First elected: 2006
Riding: Ottawa Centre
Shadow cabinet role: Foreign affairs
Dewar also ran for the leadership of the party in 2012.

First elected: 1997
Riding: Sackville—Eastern Shore (N.S.)
Shadow cabinet role: Veterans affairs
Stoffer was named Maclean's magazines Parliamentarian of the year in 2013 and frequently won the most congenial MP award.

First elected: 2008
Riding: St. John's East
Shadow cabinet role: National defence
Harris was also the longtime leader of the Newfoundland and Labrador New Democratic Party.

First elected: 2011 (though she served from 2004-2006 as a Liberal MP)
Riding: Gatineau
Shadow cabinet role: Justice

First elected: 2011
Riding: Halifax Atlantic
Shadow cabinet role: Fisheries, deputy employment insurance
Chisholm served as leader of the Nova Scotia New Democratic Party and ran for the federal leadership in 2012.